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Modification: Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed.
Civil Procedure 6DCA May 19, 2023
Polselli v. IRS
Lower courts correctly determined that petitioners could not move to quash IRS's summonses seeking their financial records because no notice was needed, pursuant to a statutory exception to the notice requirement.
Tax USSC May 19, 2023
Ohio Adjutant General's Dept. v. Federal Labor Relations Authority
Federal Labor Relations Authority had jurisdiction over labor dispute because a State National Guard acts as a federal agency for purposes of the FSLMRS.
Labor Law USSC May 19, 2023
Twitter, Inc. v. Taamneh
Plaintiffs' allegations that social-media companies aided and abetted ISIS terrorist attack failed to state a claim under the Antiterrorism Act.
Torts USSC May 19, 2023
Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith
Publication of artwork derived from copyrighted photograph in a magazine was a commercial use similar enough to that of the original photograph that weighed against a finding of fair use.
Copyright USSC May 19, 2023
Amgen Inc. v. Sanofi
Drug company's antibody cholesterol treatment patent did not meet Patent Act's enablement requirement because its claims would potentially include millions of undiscovered antibodies.
Patent Law USSC May 19, 2023
Gonzalez v. Google LLC
Plaintiffs failed to plausibly state a claim against Google and YouTube for conspiracy liability for ISIS terrorist operations based on ISIS' use of the platform.
Torts USSC May 19, 2023
U.S. v. Williams
District court improperly disqualified the entire Arizona U.S. Attorney's Office from bringing gang charges based on a conflict of interest involving one Assistant U.S. Attorney.
Attorneys 9th May 19, 2023
People v. Middleton
Specific intent about a minor's age is not a necessary element of attempted human trafficking of a minor.
Criminal Law and Procedure 2DCA/7 May 19, 2023
Castelo v. Xceed Financial Credit Union
Separation agreement containing release of claims was not statutorily void where the employee knew of a potential claim at the time of signing and accepted the benefits of the agreement.
Contracts 2DCA/7 May 19, 2023
In re A.H.
Distant extended family member's appeal was dismissed because she lacked a legally cognizable interest in minor child's placement and thus had no standing to appeal the juvenile court's decision.
Dependency 1DCA/2 May 18, 2023
People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed.
Criminal Law and Procedure 4DCA/3 May 18, 2023
In re S.F.
Child was improperly removed from father's physical custody when presented evidence could not meet heightened standard required for removal.
Dependency 1DCA/1 May 18, 2023
U.S. v. Paulson
District court decision was reversed because it erroneously interpreted a portion of the tax code to effectively exclude defendants from personal liability for estate taxes.
Tax 9th May 18, 2023
Wischmann v. Kijakazi
Job-estimate numbers that conflicted with vocational expert's estimates were not significantly probative where no information was provided regarding the source or methodology used to arrive at the conflicting estimate.
Administrative Agencies 9th May 18, 2023
GP Vincent II v. The Estate of Beard
Claim preclusion did not bar CERCLA claims regarding property that was the subject of previous environmental litigation.
Environmental Law 9th May 18, 2023
Center for Biological Diversity v. U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service did not properly justify its choice to designate a northern mountain region in Arizona as an unoccupied critical habitat for the endangered jaguar.
Environmental Law 9th May 18, 2023
Rreef America Reit II Corp, YYYY v. Samsara, Inc.
Trial court was correct not to reduce amount of attachment order based on on letter of credit because it was not an interest in the property of the defendant.
Remedies 1DCA/1 May 17, 2023
People v. Portillo
Warehouse manager's testimony regarding the retail listings of stolen dumbbells was admissible non-hearsay evidence since it was circumstantial price tag testimony about the item's fair market value
Evidence 2DCA/7 May 17, 2023
Romero v. Los Angeles Rams
Summary judgment was proper because plaintiffs could not show that defendants' enhanced security measures would more likely than not have prevented injuries resulting from a brawl among sports fans.
Torts 2DCA/8 May 17, 2023
Alliance for the Wild Rockies v. Petrick
Healthy Forests Restoration Act does not require that a proposed forest project border an at-risk community when a community wildfire protection plan is in place that defines the wildland-urban interface.
Environmental Law 9th May 17, 2023
Perez v. Kaiser Foundation Health Plan
Arbitrators' duty to disclose does not require a continuing disclosure of the results of proceedings that were pending and disclosed at the time of the nomination.
Arbitration 1DCA/3 May 17, 2023
County of San Diego v. Commission on State Mandates
San Diego County could not seek reimbursement for costs incurred for a *Franklin* proceeding because the relevant statutes fit the constitutional exception for laws changing a criminal definition.
Government 4DCA/1 May 17, 2023
Modification: Naranjo v. Doctors Medical Center of Modesto, Inc.
Emergency room patient's Consumer Legal Remedies Act claim war properly pleaded since he adequately alleged that medical center failed to provide material information about its evaluation and management services fee.
Consumer Law 5DCA May 17, 2023
Hamm v. Smith
Order
USSC May 16, 2023
Modification: Berry v. Frazier
Demurrer inappropriate where complaint incorrectly designated statutory remedy as cause of action but alleged facts sufficient to support causes of action that could serve as a basis for such recovery.
Torts 1DCA/3 May 16, 2023
In re: Bella Hospitality Group, LLC
Order for relief was appropriate despite creditor's failure to include statement of motivation for commencing involuntary Chapter 7 bankruptcy case because alleged debtor did not timely dispute the petition.
Bankruptcy BAP May 16, 2023
Alberto v. Cambrian Homecare
Employer's employee agreements were unconscionable because they contained illegal, one-sided terms that prevented wage discussions and representative actions.
Arbitration 2DCA/4 May 15, 2023
People v. Alexander
Convicted felon's challenge to constitutionality of statutes prohibiting the possession of firearms and ammunition by felons failed because the Second Amendment did not apply to the rights of non-law-abiding citizens.
Criminal Law and Procedure 4DCA/2 May 15, 2023
The Kennedy Commission v. City of Huntington Beach
Under catalyst theory, nonprofit was appropriately awarded attorney fees when its lawsuit to ensure availability of low-income housing achieved its aim.
Civil Procedure 4DCA/2 May 15, 2023